Court No. - 38
Case :- WRIT - C No. - 24697 of 2018 Petitioner :- Shah Sabbir Husain Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Ram Pravesh Yadav Counsel for Respondent :- C.S.C.,Gaurav Kumar Chaturvedi Hon'ble Abhinava Upadhya,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner, Sri Gaurav Kumar Chaturvedi, learned counsel for respondent no.4, Sri S.K.Srivastava, learned counsel for respondent no.5 and learned Standing Counsel for the State Authorities.
By means of this writ petition the petitioner has come to this Court raising grievance against Nagar Panchayat that the Nagar Panchayat is constructing a toilet on the land of the petitioner.
Learned counsel appearing for Nagar Panchyat, however, submits that construction, that is being raised, is on the land which is in possession of the Jal Nigam for more than 40 years and the petitioner has no concern.
Learned counsel for the petitioner submits that the property is of the petitioner and was never acquired as such Nagar Panchayat be restrained from raising any construction.
So far as possession of Jal Nigam is concerned, the petitioner does not dispute the aforesaid fact. If the petitioner has any valid right over property in question, and if any authority is encroaching upon land of the petitioner, the petitioner must first get his land demarcated and get his title settled to restrain others from interfering. For this purpose, writ petition is not the remedy. The petitioner may approach the appropriate Forum for redressal of his grievance.
The writ petition is accordingly dismissed.
Order Date :- 30.7.2018 KA
(Shashi Kant,J.) (Abhinava Upadhya,J.)